MMA Practioner Kills 1, Injures Another

By: Melissa Gundersen LAS CRUCES, N.M. �
New details are released in the case of a northwest Las Cruces man who fought off four men to protect himself, his fianc�e and their 2-year-old son. According to deputies, two days ago, four men broke into a home on King James Road. It left one man dead, one man injured and landed two others in jail. On Friday, KFOX 14 crews went to the house to speak with the victim, Joseph Torrez, but no one was home. "Last night they had about four or five trucks over there just throwing stuff in. Just vacating the premises," said neighbor David Cooper. Neighbors said they're still confused what happened. "They were all nice and quiet and I don't know what happened," said Cooper. KFOX 14 got a hold of the arrest affidavit. Deputies said it all started with an argument between Torrez and four other men. One of the men, Leonard Calvillo, called Torrez on the phone. The arrest affidavit said, Calvillo threatened to go to Torrez's home. The affidavit quoted Calvillo when talking to Torrez saying, "I will kill you and your family." Shortly after that threat, Torrez's home was seen with a broken glass door and broken window. Deputies said Calvillo along with Nathan Avalos, Sal Garces and Raymond Garces broke into the home. They said Torrez's fianc�e tried to hold the four men back, but was unable to. The arrest affidavit reveals the men tossed furniture and then physically attacked Torrez. "We heard the sirens and the lights and we looked outside and saw the cop cars," said Cooper. Deputies said Torrez was able to fight off all four men, protecting himself and his family. Neighbors said what alarmed them the most was a body bag lying in the street. "We were a little shocked about it because normally this neighborhood is really quiet," said Cooper. Deputies said Sal Garces died from stab wounds. What appears to be blood stains can still be found on Torrez's property. Avalos was taken to the hospital. Calvillo and Raymond Garces were arrested and face multiple charges including aggravated battery and aggravated burglary. Messages to one of the defendant's family members weren't returned.

Assuming the initial threat was real, and that 3 men broke into his home, I'd be surprised if he's charged with anything. Then again, New Mexico is one of the few states that does not have a defense of habitation law (a.k.a. Make My Day Law), so its possible he could have some problems depending on the statements of the other people involved.

Assuming the initial threat was real, and that 3 men broke into his home, I'd be surprised if he's charged with anything.

I like the way you phrased that 'Assuming'. There are so many unknowns here, but if it is as reported, I hope it is as reported and that he gets a walk.

Originally Posted by CapnMunchh

Then again, New Mexico is one of the few states that does not have a defense of habitation law (a.k.a. Make My Day Law), so its possible he could have some problems depending on the statements of the other people involved.

I see the potential for that, but even with Castle Doctrine, the ultimate right of self-defense should hold. Four-on-one, even if it were in his front yard, it would be difficult to prosecute.

I thought I spelled it wrong, but as I said I'm a mechanic not an English professor.

I like the way you phrased that 'Assuming'. There are so many unknowns here, but if it is as reported, I hope it is as reported and that he gets a walk.
I see the potential for that, but even with Castle Doctrine, the ultimate right of self-defense should hold. Four-on-one, even if it were in his front yard, it would be difficult to prosecute.

We don't know where the evidence came from for the arrest affidavit. But, given the four-on-one in his home, the only circumstances I can imagine that could spell trouble for him is if they tried to back off and he pursued.

Uhhh... Tossing furniture in the house? I'm guessing they were looking for something specific. Particularly since one of the invaders called the guy and threatened to kill him and his family. Why the hell wouldn't you call police about this unless you've got something illegal to hide? I'm not going to damn the guy, but this seems more than suspicious.